Jeremy J. Poet Law Firm, PLLCFamily Law and Criminal Defense Lawyer Sherman TX | Grayson County2024-03-13T09:23:25Zhttps://www.poetlaw.com/feed/atom/WordPressOn Behalf of Jeremy J. Poet Law Firm, PLLChttps://www.poetlaw.com/?p=471272024-03-08T10:24:31Z2024-03-13T09:23:25Zcommunity property law requires equal division of the marital estate. Even with that being the case, there are still ways to negotiate a fair, favorable, and perhaps not even equal distribution. So, what can you do to achieve that outcome?
Tips for developing a favorable division strategy in your divorce
You shouldn’t make up your legal strategy on the fly, especially when it comes to property division. Instead, you should consider doing each of the following so that you position yourself for the favorable outcome you deserve:
Consider individual circumstances: If you want to convince your spouse and the judge to see property division as you do, then you should ensure that your plan speaks to your and your spouse’s individual circumstances. Looking at contributions made during the marriage as well as who accumulated marital debts can help steer you here.
Conduct a full and accurate inventory: You don’t know what’s on the table when it comes to property division unless you have a firm understanding of which assets are in the marital estate. So, look at everything you and your spouse possess and consider whether any of it can be considered individually owned, such as inheritances that weren’t commingled with marital assets. Also, think about whether your spouse has hidden assets from you or squandered marital wealth. If so, be sure to raise the issue so that you can be compensated fairly.
Think about your long-term needs: When you’re in the midst of divorce, it’s easy to think about what you need to establish yourself once your divorce is finalized. That might drive you to fight for large assets like the family home or valuable pieces of personal property. But you shouldn’t necessarily give up retirement assets to acquire that property. After all, you need to think about your long-term financial positioning. If you don’t, then you could be at a financial disadvantage once your divorce is finalized.
Obtain proper valuations: It can be hard to figure out a fair division scheme when you don’t know what your assets are worth. Sure, looking at how much money is in the bank is easy enough, but what about the value of your home, a family business, heirloom jewelry, and artwork? The value of some of these assets can be more subjective, making it challenging to figure out how to divide them. But you can take some of the guesswork out by having those assets valuated by a professional.
Don’t lose out in your property division
Given the intricacies involved in the property division process, it can be easy to make a seemingly minor mistake that turns out to have devastating consequences. But you can reduce the risk of that happening to you by diligently thinking through the process and what you want out of it, then crafting the legal strategy that aggressively aims to get you there.]]>On Behalf of Jeremy J. Poet Law Firm, PLLChttps://www.poetlaw.com/?p=471262024-02-07T05:57:38Z2024-02-13T05:57:25ZTexas’s child custody best interest standard
Pursuant to Texas law, there are several factors that the court can take into consideration when deciding child custody and visitation. This includes:
The child’s wishes: Where your child wants to stay is an important consideration. However, the court is going to give this opinion the amount of weight it deems appropriate in light of the evidence presented and the age of the child, so don’t expect to hang your hat on this factor.
The child’s physical and emotional needs: Your child has specific needs, and the court wants to ensure that they’re met. Therefore, the court will assess your child’s physical, mental, and emotional condition and consider which parent is best suited to meet the child’s needs.
Each parent’s stability: Stability is key to a child’s sense of security and development. As a result, the court will give considerable weight to the parents’ stability. While that includes financial health, it can also include issues like substance abuse.
The division of parental responsibilities: If one parent did most of the child rearing during your marriage, then they’re going to be at an advantage in seeking custody unless there’s other evidence that can be used to demonstrate their shortcomings as a parent.
The type of parent-child relationship in existence: Far too many parents treat their children like friends. When this happens, your child’s safety, health, and development can be put at risk. That’s why the court will consider the relationship that each parent has with the child to determine if one is more appropriate than the other.
The existence of domestic violence: Children deserve to be safe in their homes. When they’re exposed to domestic violence, they’re at an increased risk of being physically injured or suffering mental trauma from witnessing abuse. Your child deserves to be protected from these potential outcomes, which is why this factor can be persuasive in a child custody case.
The physical and mental health of the parents: Your child needs to be with someone who can meet their basic needs. If one parent suffers from a physical or mental condition that makes it challenging for them to care for the child, then they probably shouldn’t be awarded sole physical custody.
Each parent’s willingness to foster a relationship between the child and the other parent: Parental alienation is real and can cause extensive damage to your child and your relationship with them. To prevent this, the court will analyze evidence that shows how each parent is willing to facilitate communication between the child and the other parent.
Craft the compelling child custody arguments you need on your side
Your child’s safety, health and well-being are on the line when a child custody dispute arises. To protect them, you need persuasive arguments that speak to the best interest factors mentioned above. Keep in mind, too, that the court has wide latitude to consider other factors that it deems relevant to its determination. So, as you build your legal strategy, be as comprehensive as possible to capture every favorable argument you can.]]>On Behalf of Jeremy J. Poet Law Firm, PLLChttps://www.poetlaw.com/?p=471232023-12-15T06:27:27Z2023-12-20T06:26:55Zmaterial and substantial change in circumstances? It’s an all-encompassing analysis, but common changes include substance abuse, financial instability, untreated mental health conditions, the onset of a serious medical condition, exposure to domestic violence, and abuse or neglect.
How can you defend against a child custody modification request?
You can’t expect your own statements alone to carry the day when you’re facing a child custody modification request. After all, the other parent is probably going to come into court with significant evidence that you need to be prepared to rebut. Here are some tips that might help you defend the existing child custody order in your case:
Present contradictory evidence: Even if the evidence presented by the other parent seems severely damaging, there might be ways to contradict it. Testimony from your own witnesses can be helpful here, but don’t forget that documentary evidence, such as school and medical records, can support your position, too.
Minimize the evidence: The other parent is going to try to make the issue at hand as blown out of proportion as possible so that they can convince the judge to grant the modification requestion. You need to ensure that the evidence is kept in context so that you can minimize any harmful evidence as much as possible. For example, you might be able to demonstrate that any unsavory behavior was conducted at a time when your child wasn’t in your care and that it has no impact on your ability to safely provide for your child.
Mount a counter-offensive: Although the modification request is going to put your parenting abilities under the microscope, you might be able to turn the tables and raise issues with the other parent. If you’re able to successfully do this, then the court will be hesitant to grant a modification that gives the other parent more time with the child.
Refocus on the child’s best interests: All too often, custody modification requests are more about hurting one of the parents than they are about doing what’s best for the child. When you’re facing a custody modification request, you need to think through how to frame your arguments considering your child’s best interests, given that’s the standard that rules in these matters. That’s a broad analysis, so you have a lot of room to work with there.
Don’t get taken advantage of in your child custody dispute
The outcome of a child custody dispute can have long-lasting ramifications for you, your child, and your relationship with your child. That’s why you can’t just show up to court hoping for the best outcome. Instead, you need to be prepared to advocate for your child’s interests, making sure to gather and present the strongest evidence available.
If the thought of building and advocating your child custody case has you nervous, don’t worry. You can find guidance for every step of the process if that’s what you choose to do. You just need to think through what you need to successfully defend the custody arrangement that you think is right.
]]>On Behalf of Jeremy J. Poet Law Firm, PLLChttps://www.poetlaw.com/?p=471212023-12-05T09:47:56Z2023-12-08T18:49:10Zaddresses all areas of spousal maintenance. As people prepare for their lives after a divorce, it is imperative that they know what to expect. This impacts their living arrangements, whether they need to get education or training, and if they need to take other steps to ensure they are secure.
Key facts about spousal maintenance
Regarding eligibility, people who cannot earn enough income to provide for themselves will generally be able to receive maintenance. That could be due to a disability; because they were married to the other person for at least 10 years and cannot earn enough to meet their needs; or are caring for a child from the marriage who is disabled and needs care so the parent cannot find work and earn enough income to provide for themselves.
The court will consider the circumstances of both the prospective paying party and the receiving party when it makes its decision. It will look at their abilities to meet their needs independently and look at the resources. Their education and employment history is important. If they do not have the education or work experience to find a job to support themselves, they could need maintenance until they are able to accrue those attributes.
The length of the marriage is relevant. Longer marriages will likely warrant maintenance and for an extended period when compared to a short-term marriage. In many marriages, one spouse helped the other get education and training to earn their current income. They might have helped with building a business or handled the household leaving the other person free to work and go to school. This is a contribution and will be considered. Property each side brought into the marriage will be assessed. If there was marital misconduct such as abuse or adultery, the court can take that into account.
People need to understand their rights with spousal maintenance
Given these factors, spousal support can vary in its amount and duration. In some cases, there could be a problem getting any support at all. This is key for both sides and it is wise to have a grasp of what criteria will be used to decide. As with any other area of family law, there are complexities that can be confusing. Those who are in this situation must be up to date on how decisions are made and what their income and costs will be in the future.]]>On Behalf of Jeremy J. Poet Law Firm, PLLChttps://www.poetlaw.com/?p=471202023-11-01T12:16:43Z2023-11-06T22:41:51ZCommunity property
The first step in property division is to figure out what’s separate property and what’s not. Under Texas’ community property law, almost all assets and debts acquired during the marriage are jointly owned by the spouses. For the most part, something one spouse acquired before the marriage is considered separate property, and therefore does not have to be divided in divorce.
However, separate property can easily be commingled with community property, particularly in a marriage of long duration. If so, these assets are subject to property division in divorce.
Is the business subject to property division?
Considering the community property laws, if you and/or your soon-to-be-ex-spouse own a business, your first step is to determine whether the business must be divided.
Even if one spouse owned the business before the marriage, it’s possible the other spouse acquired a property interest in it during the marriage by investing in it or contributing to the running of the business.
If you determine that the business is subject to division, you must determine what percentage is owned by each spouse. This may be done by the court or through negotiation between the parties.
Three options
If you determine that the business is subject to be divided, you have three general options:
Continue to co-own the business with your ex-spouse after the divorce.
Sell the business and divide the proceeds between the two of you.
One spouse continues to own the business and buys out the other’s share.
Each option has its advantages and disadvantages, and only you know which is best for your case.
Buying out
If you decide on the buyout option, you must determine how much the business is worth. For this, you will need the help of accredited professionals. To get a fair division, it may be best for each spouse to hire their own valuation experts.
Valuation professionals use several methods to determine the value of a business. For example, they consider a business’ revenue and its assets, and they will compare it to the selling price of similar-sized businesses that have recently changed hands in the area.
Once the valuation professionals have come up with a price, the spouse who wishes to keep the business can then buy out the other’s share.
Depending on the value of the business and the assets the parties have on hand, this buyout may be a somewhat complex matter by itself. In some cases, it may require taking out a loan. There can also be important tax consequences, so it’s important for both parties to consult with experienced professionals about their options.]]>On Behalf of Jeremy J. Poet Law Firm, PLLChttps://www.poetlaw.com/?p=471192023-09-28T06:19:21Z2023-10-03T19:33:15Z Military divorce presents technical requirements and considerations that civilians don't have to worry about.
State law
The legal process of divorce is generally controlled by the law of the state where the spouses live. This means if both spouses live in Texas, they must follow the laws of Texas when resolving issues in property division, child custody and child support.
This can create some difficulties for military members who are stationed in other states or deployed overseas.
Military benefits
Retirement accounts are difficult to divide in all kinds of divorces, and military divorces are no exception. But military personnel and their spouses depend on their military benefits throughout their lives. In some cases, this extends even to their housing.
Generally, both spouses can keep their health care, commissary and exchange benefits until the divorce is finalized.
However, in many cases they will lose their military family housing 30 days after they begin living separately.
In some cases, the military will pay for the moving expenses of a non-military spouse who has been living overseas with a military spouse.
Other benefits
Many nonmilitary spouses receive their health care benefits through the Tricare program. They lose these benefits in divorce, but have the option to continue coverage for up to 36 months by paying for it.
In cases involving marriages of long duration, spouses may continue to receive benefits under the Uniformed Services Former Spouse Protection Act.
To learn how the law will apply to the facts of a specific case, it's best to consult with professionals who are familiar with military divorce.
]]>On Behalf of Jeremy J. Poet Law Firm, PLLChttps://www.poetlaw.com/?p=471132023-08-04T11:54:27Z2023-08-09T11:54:18ZWhich type of property will be divided in my divorce?
The other type of property, which is subject to division, is community property. It is important to remember here that not only will community property be divided but community debts will also be divided. Toward the end of the divorce process, the judge will divide your community property and debt by signing the final decree. This document will:
List the community property that each spouse will retain. If a property cannot be divided easily, the judge will order you and your soon-to-be ex-spouse to sell that property and split the money from the sale.
List each of your separate properties (if applicable).
List each of your debts.
Order that the community property benefits for retirement of each spouse are either awarded (totally) to the spouse who earned the benefits or order that the spouses divide the retirement benefits between them.
Exactly what is considered community property and debt?
Community property is all property that you and your spouse own together at the time of your divorce. The only property that is not included is property that you can prove belonged to one of you at the time when you got married and thus will continue to be considered separate property. Some examples of community property are real estate (a house or land), cars, money, a business, retirement account(s), furniture and other items that you purchased together as a couple. The same concept applies to community debt. It is debt that you acquired together during the time that you were married.
Dividing community property in Texas
In Texas, all community property must be divided between the two spouses in the divorce "in a manner that the court deems just and right." That means the property will be divided fairly, not necessarily in a 50/50 split. It is important that you protect your rights in such a situation. Having the proper legal support will help you to take the right steps to ensure that your interests are protected so that you can move on to a bright future.]]>On Behalf of Jeremy J. Poet Law Firm, PLLChttps://www.poetlaw.com/?p=471122023-07-14T08:23:12Z2023-07-19T08:22:47Zstate law addresses potential deviations from the guidelines.
The child support guidelines might not suit every case
The court will make its determinations based on the best interests of the child. The guidelines are calculated to ensure that threshold is met, but there are times when it might not be applicable.
The parent who wants to deviate from the guidelines must rebut the presumption that the they suit the child’s best interests. The amount must be just and appropriate based on the child’s needs. If, for example, the child has a disability that must be addressed, then the payments could be more than what the guidelines say.
Other factors include the parents’ ability to contribute to the child’s upkeep and care. Some people are in a better financial state than others. If the custodial parent comes from wealth and has significant resources, then the support order might not be as much as it would be in a different landscape. The same is true for people who are of lesser means and might need more than what the guidelines indicate.
The obligor could have access to significant sums through employment, property or other means. This too could mean that the payments will differ from what the guideline says. Other factors include child care; alimony; if there are extra payments for education; if either side derives extra benefits from an employer; debts; and other costs.
Qualified assistance can help with achieving family law goals
Texans undoubtedly want the best for their children, but the child support guidelines do not always suit every situation. Regardless of whether it is the obligor who wants a deviation or the custodial parent who is asking for it, it is imperative to have assistance that can assess the situation and take the necessary steps to try and reach the desired objective.
Having assistance that will listen intently to a person’s concerns and goals can make a major difference in feeling comfortable and moving forward in the case. Perhaps there are openings to negotiate with the other party. Or there are viable strategies for the child support order to differ from what the guidelines say.
Having guidance from professionals who can craft custom solutions using forward-thinking strategies can be crucial to achieving a successful result. This is particularly true with people who are in the younger range and have school-age children. No matter the situation, there are options and having comprehensive help from the start can be useful in reaching a positive result.
]]>On Behalf of Jeremy J. Poet Law Firm, PLLChttps://www.poetlaw.com/?p=471112023-06-13T07:10:20Z2023-06-16T14:24:28Zprotect your assets during divorce. With an early start and careful planning, you can survive your divorce with your finances intact, enabling you to move forward with a sense of security.
Be realistic
Recognize that a divorce will likely affect your finances. Almost everyone comes out of a divorce with less financial stability than before.
Accepting this reality can help you focus on making the right decisions to get you back on your feet and work toward rebuilding your financial life.
Identify your assets and debts
You might worry that you do not have much to begin with and fear losing everything, but chances are, you have more than you think.
Before your divorce starts, make a list of your assets and debts and obtain accurate values for each. You will need this when negotiating property division with your spouse and having a big picture view of what you have can give you an idea of what your financial needs will be post-divorce.
Marital and separate property
Review this list and label each asset and debt as marital property and separate property. Marital property is property acquired during your marriage, while separate property is property acquired before your marriage, with some exceptions.
If you are unsure of how to label a piece of property, it might help to speak with a professional.
Create an emergency fund
Put some money aside in a separate account as an emergency fund. You can do this before your divorce starts or after it is filed, but do not hide this money from your spouse.
While you do not have to give your spouse access to the money, you can face legal penalties for hiding money or assets in your divorce. This money should go on to your “big picture” list of assets and debts.
Close joint accounts
Open new bank accounts in your own name and close joint accounts with your spouse. This can save you the stress of worrying about your spouse draining the accounts and leaving you without money.
When you begin the property division process, this money will likely go to you, since it is in your account, but it must still be considered as part of the overall property division.
Tax considerations
Do not forget about the potential tax consequences of any assets you receive. You might negotiate an equitable property division but find that you must pay tax on the assets you received.
A common example involves a 401(k) or other retirement accounts. You could receive a portion of your spouse’s 401(k), but you will likely be taxed on that portion.
Make sure your ultimate property division agreement or order takes any taxes into consideration.
These steps can set you on the right path to financial security after your divorce. Receiving advice on your specific situation can also help.]]>On Behalf of Jeremy J. Poet Law Firm, PLLChttps://www.poetlaw.com/?p=471092023-05-09T10:44:10Z2023-05-12T10:43:27Zparental alienation.
Why does parental alienation occur?
There are several reasons. In some cases, the manipulating parent wants to use the damage they cause as a justification to further restrict the other parent’s access to the child.
For example, a manipulating parent may lead the child to believe that the other parent is a liar, which then causes the child to distrust the other parent. This lack of trust creates friction and disagreement between the child and the other parent. The manipulating parent then uses this contention to go to court to argue that a more restrictive parenting time arrangement is in the child’s best interests.
In other instances, the manipulating parent is simply being vindictive. They’ve been hurt at some point, and now they want to use the child to get back at the other parent. Of course, the child doesn’t detect this, and they instead act on information that they believe to be true.
How does alienation occur?
An alienating parent can utilize a number of techniques to manipulate their child. Here are just some of the most commonly utilized strategies:
Telling the child intimate details about the parents’ failed marriage
Lying to the child about statements that the other parent has made
Withholding information from the other parent about important information about the child, such as medical appointments and diagnoses as well as extracurricular activities
Fabricating stories about egregious actions taken by the other parent, including even going so far as to lie about child abuse or neglect that occurred in the past.
Preventing the other parent from having contact with the child, whether through canceled visitation or refusal to allow phone communication
There may be other creative ways that a parent may engage in manipulation, so make sure that you’re being observant and taking action if you believe that parental alienation is occurring.
What can you do if you think that your child is being subjected to parental alienation?
Fortunately, there’s a lot that you can do. Start taking notes of every event that you think might be indicative of alienating behavior. Also, ask your child questions about their behavior to try to get to the root cause. Also, be on the lookout for these signs of alienation to determine if you need help from an expert or a mental health professional:
Your child suddenly starts criticizing you without proper justification
That criticism extends to other members of your family
The child shows unwavering support for the other parent
The child believes in falsehoods
Your child doesn’t have any sense of guilt over the way they treat you
Your child uses language that isn’t in line with their age when making statements against you
The other parent blames you for everything
The other parent talks badly about you to the child
Do you need legal help?
If you suspect that alienation is occurring, then you may need to take legal action. After all, modifying your existing custody arrangement might be the only way for you to bring this alienation to a stop. If you’d like to learn more about how to go about doing that, then now may be the best time for you to research the process and what it can do for you and your child.]]>